Just Arrested for DUI in Colorado: Your First Seven Days

You have one urgent deadline, several rights you should start using immediately, and more options than it feels like tonight. Here's exactly what to do — in order.

Charles E. Liken Jr., Esq. — On Colorado's Legal Front Lines Since 1995 · Government Investigator, Denver Human Services (1997–2003) · Licensed Colorado Attorney Since 2003 ~ 20+ Years in Private Practice · Colorado Deputy District Attorney (2018–2020) · Colorado Court-Appointed Child and Family Investigator

The first seven days decide more than the next seven months

Two cases started the moment you were arrested: a criminal case in court and an administrative case against your license at the DMV. They run on different clocks — and the DMV's is already ticking.

Day 1–7: Request your DMV hearing — in writing

If you blew 0.08+ or refused testing, the officer likely took your license and served a revocation notice under Colorado's express-consent law, § 42-2-126, C.R.S. You generally have seven days from that notice to request a DMV hearing. Miss it, and the revocation starts automatically — before any judge hears a word.

Where LLF comes in: We file the hearing request same-day, demand the officer's attendance when strategy favors it, and use the hearing as sworn early discovery for the criminal case — a prosecutor's trick, turned around.

Write everything down tonight

Where you were stopped and why the officer said you were stopped; what you ate, drank, and when; medications; the roadside tests and exactly what was said; the machine or blood draw; witnesses. Memory decays — reports don't.

Where LLF comes in: Seven hundred–plus investigations taught Charles what detail wins cases later: the timeline you write tonight becomes the backbone of suppression motions and cross-examination.

Stop talking about the case — everywhere

You have the right to remain silent about the incident; use it with police, friends, and especially social media. Anything you post is discoverable, and refusal evidence rules (§ 42-4-1301(6)(d), C.R.S.) already give the prosecution enough to work with.

Where LLF comes in: As a Deputy DA (2018–2020), Charles knows exactly how posts read to a judge and jury. Don't hand the other side exhibits.

Calendar your court dates — both of them

Your summons shows the criminal arraignment; the DMV hearing gets set separately. Missing either creates new problems (failure to appear; automatic revocation) that are entirely avoidable.

Where LLF comes in: One office, both tracks: we appear at the DMV and in court, and we make sure the two strategies reinforce — not contradict — each other.

Get ahead with an evaluation — quietly

A voluntary alcohol evaluation and early Level II education enrollment (§ 42-4-1301.3, C.R.S.) costs little, signals responsibility, and gives your lawyer sentencing leverage if it's ever needed — without admitting anything about the night in question.

Where LLF comes in: We tell you when a head start helps and when it's premature — judgment that comes from watching hundreds of these files from the prosecution table.

Ready when you are — talk it through with Charles.

Your choice: no-charge 20-minute phone call OR in-depth hour ($300) — both directly with Charles.

Book a Consultation (303) 406-2791

Written & reviewed by Charles E. Liken Jr., Esq.Colorado Attorney Since 2003 · Deputy District Attorney (2018–2020) · 700+ investigations · Reviewed for accuracy as of July 2026

Quick answers

How long do I have to request a DMV hearing after a Colorado DUI arrest?

Generally seven days from the notice of revocation served at your arrest under § 42-2-126, C.R.S. Request it in writing immediately — the criminal court date does not protect your license.

Should I talk to the police or prosecutor to explain my side?

No. Exercise your right to remain silent and let counsel speak for you. Statements are the state's cheapest evidence, and refusal or admission evidence is already governed by § 42-4-1301(6)(d), C.R.S.

Will I go to jail for a first DUI in Colorado?

Penalty ranges for a first DUI include five days to one year of jail under § 42-4-1307(3), C.R.S., but the five-day minimum is typically suspended upon completion of alcohol education, and many first offenses resolve without additional jail.

Do I need a lawyer for the DMV hearing too?

Yes — it's a separate case against your license with its own record, and it's often the first sworn testimony in the entire matter. Handled well, it protects both your driving and your criminal defense.

Why LLF for This

Defense built on government experience

Most DUI defense lawyers have only ever seen these cases from one chair. Charles spent six years as a government investigator for the City & County of Denver — more than 700 investigations, surveillance, reports, and testimony — and then prosecuted criminal cases as a Deputy District Attorney in Colorado's 12th Judicial District, making first-chair charging and plea decisions on cases exactly like yours.

That means two things for you: he knows how the state's file was built — and where files like it break. Stop justification, roadside administration, machine maintenance logs, blood chain of custody, report inconsistencies: the weaknesses aren't found by accident; they're found by someone who used to build the same files.

Step by step

Day 1 — Preserve your license: DMV hearing request filed within the 7-day window (§ 42-2-126, C.R.S.).
Week 1 — Evidence hold: written timeline, witness list, request for video (body-cam, dash-cam, booking) before retention windows lapse.
Weeks 2–4 — DMV hearing and early discovery; suppression analysis of the stop, tests, and advisements.
Month 2+ — Charging negotiations, motions, and — where the evidence deserves it — trial posture.

Tonight's fear is not a verdict

A DUI arrest is survivable — professionally, financially, personally. The people who come through best are the ones who act inside the first week. That's now.

Related: Your License & the DMV · Charges & Penalties · How We Defend DUI Cases. General information, not legal advice — statutes cited as of this writing; always verify current law.

Charles E. Liken Jr., Esq.

Attorney & Counselor at Law

Say nothing. We'll do the talking.

Before you talk to anyone — DA, DMV, insurance — get twenty minutes with the prosecutor turned defender.

Book a Consultation Call (303) 406-2791